1. According to Articles 32(6) and 32(1) of the Act on Corporate Governance of Financial Companies and Article 5(29 of the Enforcement Decree, the Act on Specialized Credit Financial Business constitutes “Acts and subordinate statutes related to finance” as stipulated in Article 32(1) of the Act on the Management of Financial Companies. However, it is reasonable to view that the provisions on separate trial under Article 32(6) of the said Act apply only to a case where the defendant falls under the subject of examination of eligibility under Article 32(1) of the said Act (see Supreme Court Decision 2017Do2120, Mar. 15, 2018). Accordingly, even according to the record, there is no evidence to deem that the defendant falls under the subject of examination of eligibility under Article 32(1) of the Act on the Management of Financial Companies, and thus, the lower court did not err by misapprehending the legal doctrine on the credit control of the defendant, which is different from the facts charged in the instant case, thereby failing to declare otherwise.

2. According to the records on the grounds of appeal by the defendant, since it is apparent that the defendant did not appeal against the judgment of the court below, the grounds of appeal submitted by the defendant shall not be determined separately.

3. The final appeal by the prosecutor is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.